The Hugo-award winning novelist Harlan Ellison is suing the makers of a new science fiction film starring Justin Timberlake and Amanda Seyfried, claiming it steals from a prize-winning short story he published in 1965.

In a copyright suit filed on Wednesday, Ellison argued that In Time, which is written and directed by Andrew Niccol, the Oscar-nominated screenwriter of The Truman Show and director of Gattaca, borrows substantially from his own work Repent, Harlequin! Said the Ticktockman. He is seeking an injunction to prevent the film's release on 28 October in the US (1 November in the UK).

According to Ellison's suit, both works are based on the premise of a "dystopian corporate future in which everyone is allotted a specific amount of time to live". The writer also says In Time lifts other concepts from his story, including the presence of authority figures known as "Timekeepers" who track the precise amount of time each citizen has left, and similarities in the way those whose time runs out meet their end.

Ellison says the issue is particularly galling because he has been trying to set up a deal to shoot a film based on Repent, Harlequin! Said the Ticktockman, which the suit claims is one of the most famous and widely published science fiction short stories of all time. He believes the release of In Time could jeopardise his efforts to bring his story to the big screen.

In Time is New Zealand director Niccol's first film in six years, and his first science fiction effort since the Al Pacino-starring S1m0ne in 2002. His biopunk-themed 1997 film Gattaca is considered one of the best sci-fi movies of the 90s and helped fuel public debate over issues surrounding human gene manipulation.

It's not clear whether Ellison has seen In Time, but he points out that critics such as Richard Roeper, who have attended advance screenings, claim that the film is based on his story.

Niccol's film also stars Cillian Murphy, Olivia Wilde and Alex Pettyfer. Clips from the film were screened at July's Comic-Con in San Diego to positive response from bloggers and audience members.